Fire & Rescue NSW on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales [2013] NSWIRComm 63

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire & Rescue NSW on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales [2013] NSWIRComm 63 Hearing dates: 28 June 2013 Decision date: 31 July 2013 Before: Boland J, President, Walton J, Vice-President, Staff J Decision: The industrial action engaged in by the FBEU and its members on 21 June 2012 is amenable to the Commission's jurisdiction under Ch 3 of the IR Act. Catchwords: INDUSTRIAL DISPUTE - Stoppage of work by firefighters in protest at workers compensation legislation - STATUTORY INTERPRETATION - Whether strike action taken as a political protest against legislation is "an industrial dispute in arbitration proceedings" as required by s 137(1) of the Industrial Relations Act 1996 - Industrial dispute - Industrial matter - "A situation that is likely to give rise to an industrial dispute" - "Arbitration proceedings". Legislation Cited: Industrial Relations Act 1991 Industrial Relations Act 1996 Cases Cited: BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales [2006] NSWIRComm 149; (2006) 153 IR 176 Health Administration Corporation v New South Wales Nurses Association (No 2) (1993) 51 IR 1 Health Administration Corporation v New South Wales Nurses Association (1992) 45 IR 274 Category: Principal judgment Parties: Fire & Rescue NSW on behalf of the Department of Premier and Cabinet (Notifier) Fire Brigade Employees' Union of New South Wales (Respondent) Representation: Mr M Easton of counsel (Notifier) Mr I Latham of counsel (Respondent) Mr S Benson of counsel (Minister intervening) File Number(s): IRC 698 of 2012